40-6-320. Operation on highways and sidewalks; direction of travel.

Electric personal assistive mobility devices and personal delivery devices may be operated on highways and on sidewalks where a 48 inch clear path is maintained for access for persons with disabilities, provided that any person operating such devices shall have the same rights and duties as prescribed for pedestrians in Article 5 of this chapter when operating upon a sidewalk and as prescribed for motor vehicles in this chapter when operating upon a highway except as otherwise provided in this part to the contrary. When either an electric personal assistive mobility device or personal delivery device encounters a pedestrian or individual in a wheelchair upon a sidewalk, the operator of such device shall yield the right of way to the pedestrian or individual in a wheelchair.#

1. (1)

   No person shall operate any electric personal assistive mobility device on the roadway of any highway unless:#

   1. (A)

      The maximum speed limit of the roadway is 35 miles per hour or less; or#

   2. (B)

      The roadway has a separately striped bicycle lane and the device is operated within the bicycle lane.#

2. (2)

   Operation of a personal delivery device upon any highway shall be with due regard to safety and traffic considerations and limited to:#

   1. (A)

      Highways which are not limited-access highways with a maximum speed limit of 45 miles per hour or less; and#

   2. (B)

      The bicycle lane, bicycle path, shared use path, shoulder, or as close as practicable to the extreme right of the roadway unless crossing a roadway at a crosswalk or intersection or avoiding an object or a parked vehicle.#

When traveling on any roadway of a highway other than a crosswalk, a person operating an electric personal assistive mobility device or a personal delivery device shall travel in the same direction authorized for motor vehicle traffic on such roadway.#